Rodewald

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

JOHN THEODORE RODEWALD,

Case No. 5:18-cv-02513-EJD Plaintiff, ORDER DENYING PETITION FOR v. WRIT OF HABEAS CORPUS 10 JOE A. LIZARRAGA, Re: Dkt. No. 1 11 Defendant.

Petitioner John Theodore Rodewald pleaded guilty to felony drug possession and was sentenced to twenty-five years to life under California’s Three Strikes Law. Following changes to the California law, he filed a petition for resentencing in the trial court, which denied his request. The California Court of Appeal affirmed the trial court’s decision. Petitioner has now petitioned this court for a writ of habeas corpus pursuant to U.S.C. § 2254, challenging the denial of his resentencing. Respondent filed an answer on the merits (Dkt. No. 17) and Petitioner filed a traverse (Dkt. No. 19). For the reasons discussed below, the petition for writ of habeas corpus is DENIED. I. Background …